ESD overpayment appeal 'remanded to department for further action' - what does this mean?
I just got my appeal decision letter from the Office of Administrative Hearings about my overpayment case, and I'm completely confused. The letter says my case is being 'remanded to the department for further action on the overpayment.' Does anyone know what this actually means? Do I still have to pay back the $6,700 they claim I was overpaid? Does ESD have to review my case again? I'm so stressed about this and don't understand what happens next. The hearing was 3 weeks ago and I thought I made a good case that I reported all my earnings correctly.
18 comments


Caesar Grant
This is actually potentially good news for you! When your case is 'remanded to the department for further action,' it means the Administrative Law Judge (ALJ) found some issue with how ESD initially handled your overpayment determination and is sending it back to ESD to re-examine. The ALJ didn't uphold their original decision, which is what would have happened if they fully agreed with ESD. Now, ESD has to review your case again based on whatever instructions or findings the ALJ included in the decision letter. Did the letter mention any specific reasons for the remand?
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Philip Cowan
•Thanks for explaining! The letter mentions something about ESD needing to 'reconsider documentation provided at hearing' and 'apply appropriate earnings deductions' - does that make sense? I provided my actual pay stubs at the hearing which were different from what ESD had on record.
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Lena Schultz
remanded means ur case is going back 2 esd 4 another look. happened 2 me last yr. took about 6 weeks for them to finish thier review then they reduced my overpayment from 4800 to only 1200!!
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Philip Cowan
•Wow, that gives me hope! Did they contact you at all during those 6 weeks or did you just suddenly get a new determination?
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Gemma Andrews
Remanded to the department sounds scary but it's actually not necessarily bad. The judge is basically saying "ESD, you need to look at this again" because something in their original decision wasn't right. The big question is what EXACTLY the judge said in the whole letter. The reasoning will tell you a lot about what might happen next. Can you share more details from the letter? Which parts of your evidence did the judge specifically mention?
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Philip Cowan
•The judge mentioned that my pay stubs showed a different calculation than what ESD used. They also said something about ESD needing to apply the correct earnings deduction formula to my reported hours. I honestly didn't understand all the technical language.
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Pedro Sawyer
This is typically a positive development. A remand means the judge has identified issues with how ESD calculated or determined your overpayment. Based on your follow-up comments about pay stubs and earnings deductions, it sounds like the judge believes ESD may have incorrectly calculated your benefit eligibility or the amount of benefits you should have received. Here's what happens next: 1. ESD will review your case again following the judge's instructions 2. They'll issue a new determination (could be a reduced overpayment, no overpayment, or rarely, the same amount) 3. When they finish this review, you'll receive a new determination letter 4. If you disagree with their new determination, you'll have appeal rights again Important: Keep checking your ESD online account and mail regularly. ESD should complete this review within 30-60 days, but it can sometimes take longer.
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Philip Cowan
•Thank you for breaking it down so clearly! One more question - should I contact ESD directly to make sure they have all my documentation, or just wait for them to contact me?
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Mae Bennett
I HATE how ESD never explains anything clearly!!! My neighbor went through something similar and ESD took FOUR MONTHS to "review" his case after remand and he couldn't get ANY updates during that time. The system is completely broken and they make it impossible to even talk to a real person!!! Good luck getting anyone on the phone - I tried for WEEKS last year.
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Beatrice Marshall
•I had the same frustrating experience trying to reach ESD during my appeal process. After getting disconnected daily for two weeks, I finally used Claimyr (claimyr.com) to get through to an actual ESD agent. They have a service that gets you connected to ESD without the endless busy signals and hangups. They even have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It was worth it because I finally got to speak with someone who could tell me the status of my remanded case and what documents they still needed from me.
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Melina Haruko
Remanded to ESD happened to my cousins boyfriends case too. But his was for a disqualification not overpayment. ESD ended up reversing the whole thing and he got all his benefits after all. Took like 2 months tho. But they didnt ask for any new info from him so idk if thats normal or not
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Philip Cowan
•That's encouraging to hear! I'm hoping they'll just use the pay stubs I already submitted and not need anything else from me. The waiting and uncertainty is the worst part.
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Caesar Grant
To answer your question about contacting ESD - yes, I would recommend proactively reaching out to them. Here's why: 1. You want to make sure the remand is properly in their system 2. You might need to confirm they have all your documentation 3. You can request an estimated timeline for review Be prepared that the first agent you speak with might not be familiar with remanded cases. Ask to speak with a claims specialist or adjudicator who handles appeals and remands. Document everything - who you spoke with, date/time, and what was discussed. This documentation can be valuable if there are further delays.
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Philip Cowan
•Thank you - I'll try calling them tomorrow. I'll make sure to keep detailed notes of all conversations.
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Pedro Sawyer
Based on what you've shared, it sounds like the judge found that ESD incorrectly calculated how your earnings affected your benefits. This is actually quite common. When you work part-time while claiming benefits, ESD has a specific formula for deducting earnings from your weekly benefit amount. If they applied the wrong formula or used incorrect earnings information, that could explain the overpayment. The good news is that if your pay stubs were accepted as evidence by the judge, and the judge specifically mentioned recalculating with the proper deductions, there's a good chance your overpayment amount will be reduced significantly or possibly eliminated entirely.
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Philip Cowan
•That makes perfect sense! I was working reduced hours during the pandemic and reporting everything correctly, but the amounts ESD had seemed completely wrong. Fingers crossed they fix it without me having to provide anything else.
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Lena Schultz
just so u kno, even if they still say u have an overpaymt after review, u can ask for a waiver if it wasnt ur fault. i got half of mine waived cuz they said it was agency error not my fault.
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Philip Cowan
•Thanks for the tip! I'll definitely look into that if they still say I owe money after the review.
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